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CITY OF HOUSTON v. GRIBBLE

No. 937.

542 S.W.2d 242 (1976)

CITY OF HOUSTON, Appellant, v. J. R. GRIBBLE, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied October 28, 1976.

Attorney(s) appearing for the Case

Johnathan Day, City Atty., Dale M. Tingleaf, Houston, for appellant.

Howard S. Hoover, Hoover, Cox & Miller, Houston, for appellee.

McKAY, Justice.

This is a suit on a contract wherein J. R. Gribble (Contractor), as assignee of the rights of J. R. Gribble Construction Company, brought suit against the City of Houston (City) for money withheld by the City as liquidated damages under a storm sewer construction contract. The City denied generally the Contractor's right to recovery. Trial was had before a jury which found the City arbitrarily and capriciously failed and refused to allow Contractor...

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